Week 1 Notes
Week 1 Notes CJS 102
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This 5 page Class Notes was uploaded by Abby Hamilton on Tuesday September 8, 2015. The Class Notes belongs to CJS 102 at Illinois State University taught by Dr. Cara Rabe-Hemp in Fall 2015. Since its upload, it has received 58 views. For similar materials see Individuals, Society, and Justice in Criminal Justice at Illinois State University.
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Date Created: 09/08/15
C15 102 Week 1 Notes Weisheit and Morn Chapters 3 amp 4 Dr Cara RabeHemp Fall 2015 Justice and the State 0 Divine right of Kings King was thought to act under the guidance of God and as a representative of God the monarch had considerable leeway to draw the lines ofjustice 0 To challenge King was to challenge God 0 Niccolo Machiavelli The Prince 1513 0 Role of Ruler I Honest I Deal with the way the world is not as it should be I Obtaining and retaining power is first priority I Must be ruthless until power is achieved I Being fearedgt being loved 0 Role of People I Devious gullible corrupt and greedy 0 Must be treated as such I No role in decisions made by state The Social Contract 0 States and governments are legitimate or illegitimate only to the degree that they are formed and supported by the mutual agreement of the citizens of that state 0 We all agree to live by a set of rules that protect us breaking rules will result in punishment 0 Society exists before the state does 0 Thomas Hobbes Leviathian 1651 o Humans guided by selfinterest I Without political authority world would degenerate into war and chaos 0 Social Contract needed to protect humans from themselves 0 John Locke Second Treatise of Government 1690 o Humans seen as good I Working to make world a better place 0 Social contracted needed to protect property and fruits of his labor from wayward people 0 JeanJacques Rousseau Discourse on the Origins of Inequality 1754 amp 0n the Social Contract 1762 o Humans happy and healthy individuals but indifferent toward one another I Creation of private property and inequality that followed created unhappiness 0 Social contract needed to create sense of citizenship morals Nature of Law War Natural Law a system of rules and principals of human conduct that were independent of enacted law or of the systems particular to one people 0 Preexisted humans 0 Fixed and unchanging 0 Declaration of Independence I quotinalienable rights to life liberty and the pursuit of happiness Positivism the law comes from those in power 0 Laws do change but they change as those in power change Sociological Jurisprudence changing conditions altered the law o Evolving conditions of human society demanded laws to change I Ex Ending slavery women s right to vote Libertarians those who place the highest values on liberty even at the expense of equality 0 Want equality of opportunity because it encourages freedom on enterprise and a meritocracy based upon talents and hard work Egalitarians those who place the highest value on equality even at the expense of liberty 0 Social activists 0 Capitalism is bad unless it s socialized and workers are given a stronger voice Modern war vs historic wars 0 Mercenaries and professional soldiers replaced with ordinary citizens I More emotional interest in the wars 0 Total war Land and lives of noncombatants swept up in destruction 0 More Mechanized and lethal I Artillery Tanks bombs The Just War Doctrine o Preventative war going in early to prevent future aggression is unjust 0 Proper prisoner of war POW camps with appropriate humane care need to be established 0 The defeated must be treated fairly after war has ended I Hitler used treatment of Germany after WWI as a means to achieve power and bring on WW Criminal Justice 0 Crime Control Crime is a major problem of modern society 0 The criminal Justice system police court personal correctional officers need to be given all the power it can get to process criminals o Efficiencygtfairness o Accused is presumed guilty 0 Victims are of most concern 0 Due Process The criminal justice system itself is a potential threat to justice 0 The accused need protections o Accused is presumed innocent 0 Check and balances on police and others in system 0 Punishment Perspectives o Utilitarian Society should determine the amount of punishment based upon a costbenefit analysis of suffering inflicted vs social gains achieved 0 Retributivism Those guilt of crimes should e punished because they deserve to be punEhed I Punishment Crime Social Justice 0 The focus is fairness and equality of opportunity for classes of people rather than focusing on justice due to individuals 0 Four Themes 1 Egalitarianism everyone as part of the human family deserves to be treated equally 2 Membership demands concern for the exclusion and inclusion of people who might not enjoy the benefits of society 3 Time the responsibility society has to future generations as well as those who have suffered in the past 4 Scope of social justice expanded to include animals and nature Human Rights 0 Negative Rights Seek to protect individuals from others interfering with their efforts to build a future of their choice 1 Guarantee individuals freedom from coercion 2 Bill of Rights protects citizens from power of government 0 Positive Rights People have rights to food clothing medical care education and housing 1 Statements of entitlement 2 Universal Declaration of Human Rights 3 Human rights are a minimal requirement for full dignified participation in the community Justice and Economics 0 Adam Smith Theory of Moral Sentiment 1759 o Humans had feelings and sympathies for the suffering of others that held in check any desire to exploit or harm I Natural sense ofjustice 0 Karl Marx The Wealth of Nations 1776 o Virtues of the free market system I Would insure the greatest prosperity for all citizens 0 Natural enmity between the classes made civil government necessary 0 Das Capital I Denouncement of capitalism I Call for communism I Economic justice can only be achieved when the means of production were turned over the workers I Capitalism and all classoriented societies are unjust 0 Social Darwinist 0 Poverty was seen as a sign that the person was not well equipped to compete in society I quotsurvival of the fittest 0 quotlevel playing fields and equal opportunity are impossible to attain and any attempt to do so only strengthens the government and encourages dangerous meddling making the free market less freeFriedrich von Hayek The Mirage of Social Justice 1978 Types of Justice 0 Gender Justice 0 Issues rape prostitution harassment childbearing domestic violence lesbian identity economic equality standards of beauty 0 Historically the women are blamed for rape I Women are seductresses I quotEve Problem 0 Racial Justice 0 Issues stem from suspicion and segregation of the newcomer I Japanese internment camps I Treatment of Arab Americans after 911 I Slavery and Jim Crow Laws 0 Environmental Justice 0 1890 s I US Census Bureau announced that the frontier the line separating civilization from wilderness ceased to exist I Muckrakers exposed the industrial and corporate words exploitation of the nations natural and human resources 0 Conservationists Human oriented concerned over the needs of future generations and their right to these resources o Preservationists Protect environment for its own value 0 Rachel Carson Silent Spring Pesticides are ruining the environment Public health and the environment were inseparable quotSilent Spring became nothing less than an attempt to create a new environmental consciousness
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